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SB 379: Firearms transfers; penalties

mk4

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Sep 22, 2011
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548
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VA
did i miss a post on this one?

criminalizing private sales?!? seller AND buyer. :mad:
note the sponsor.

====

http://leg1.state.va.us/cgi-bin/legp504.exe?121+sum+SB379

SB 379 Firearms transfers; penalties.
A. Donald McEachin

Firearms transfers; penalties. Creates a Class 2 misdemeanor for a person who is not a licensed dealer to sell, rent, trade, or transfer a firearm to any other person who is not a licensed dealer. The bill also creates a Class 2 misdemeanor for a person who is not a licensed dealer to buy, rent, trade, or transfer a firearm from any other person who is not a licensed dealer.
 
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peter nap

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did i miss a post on this one?

criminalizing private sales?!? seller AND buyer. :mad:
note the sponsor.

====

http://leg1.state.va.us/cgi-bin/legp504.exe?121+sum+SB379

SB 379 Firearms transfers; penalties.
A. Donald McEachin

Firearms transfers; penalties. Creates a Class 2 misdemeanor for a person who is not a licensed dealer to sell, rent, trade, or transfer a firearm to any other person who is not a licensed dealer. The bill also creates a Class 2 misdemeanor for a person who is not a licensed dealer to buy, rent, trade, or transfer a firearm from any other person who is not a licensed dealer.

It must have just popped up. I haven't checked them since early morning!
What a Di**!....wait, can I say Di**,
What a Duck:lol:
 

thebigsd

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Quarryville, PA
This is one we need to nip in the rear. This is a poor attempt to close the non-existent gun show "loophole."
 

TFred

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Most historic town in, Virginia, USA
This full out eliminates the sale of private property between two law-abiding citizens in Virginia. They skipped all the hoops and went straight for the jugular.

No full text available yet.

Courts of Justice Committee members are listed though... see separate post.

TFred
 

T Dubya

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Richmond, Va, ,
In my infinite wisdom I saw this coming from McEachin which is why I started this thread: http://forum.opencarry.org/forums/s...by-Day-anyone-live-in-the-9th-Senate-District

We have to do something, we have to let him know we are watching and we will work against him. Be prepared for the race card to be played at some point if he is challenged. His district is locked down and I realize that black folks need to be represented, but I would not be a bit surprised if he tried it. He is a "personal injury" attorney. He made an absurd, ridiculous argument against passing the restaurant carry bill. Nothing he would do to lash out at us would surprise me.
 

peter nap

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In my infinite wisdom I saw this coming from McEachin which is why I started this thread: http://forum.opencarry.org/forums/s...by-Day-anyone-live-in-the-9th-Senate-District

We have to do something, we have to let him know we are watching and we will work against him. Be prepared for the race card to be played at some point if he is challenged. His district is locked down and I realize that black folks need to be represented, but I would not be a bit surprised if he tried it. He is a "personal injury" attorney. He made an absurd, ridiculous argument against passing the restaurant carry bill. Nothing he would do to lash out at us would surprise me.

This bill has absolutely no chance of coming out of Committee (I hope) but it would be good to have a BIG showing with many speakers to offset the three stooges when they start crying about the blood of 32.
 
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Baked on Grease

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Sterling, Va.
Well well... Even makes the transfer of a firearm a crime.... So if my buddy wants to try out my new 1911 at the range could it be considered a transfer under this law?

Or you hand your firearm to a CHP holder so you can go in a campus building.... Technically you transfered....

Any thoughts on how to kill this? Good thing we got to see it before lobby day, eh?

Sent using tapatalk
 

peter nap

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Well well... Even makes the transfer of a firearm a crime.... So if my buddy wants to try out my new 1911 at the range could it be considered a transfer under this law?

Or you hand your firearm to a CHP holder so you can go in a campus building.... Technically you transfered....

Any thoughts on how to kill this? Good thing we got to see it before lobby day, eh?

Sent using tapatalk

Well, before you start killing it, you need to make sure it gets assigned to courts. It's possible it won't get assigned at all so we need to wait a little while.
Then start contacting the decent people on Committee. I wouldn't bother Marsh (let him sleep) or Saslaw or McEachin.

Emails count, phone calls count more, both count a lot and email, phone and personal visits are .....priceless
 

mk4

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VA
Well, before you start killing it, you need to make sure it gets assigned to courts. It's possible it won't get assigned at all so we need to wait a little while.
Then start contacting the decent people on Committee. I wouldn't bother Marsh (let him sleep) or Saslaw or McEachin.

Emails count, phone calls count more, both count a lot and email, phone and personal visits are .....priceless

it's now showing as assigned to courts.
still no full text pdf available.
 

mk4

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VA
Oops...I don't see an exemption for LE...looks like depts wouldn't be able to issue firearms to LEOs anymore!

no full text pdf available yet, so LE exemption might still be there.
 

Repeater

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Nov 5, 2007
Messages
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Richmond, Virginia, USA
Gun 'Suppression'

In my infinite wisdom I saw this coming from McEachin which is why I started this thread: http://forum.opencarry.org/forums/s...by-Day-anyone-live-in-the-9th-Senate-District

We have to do something, we have to let him know we are watching and we will work against him. Be prepared for the race card to be played at some point if he is challenged. His district is locked down and I realize that black folks need to be represented, but I would not be a bit surprised if he tried it. He is a "personal injury" attorney. He made an absurd, ridiculous argument against passing the restaurant carry bill. Nothing he would do to lash out at us would surprise me.

Here's a thought: let's call his effort "Gun Suppression" and gun owner intimidation. Hey, it's HIS words!

Black legislators blast voter suppression bills
Looking to protect President Barack Obama's re-election base, Virginia Legislative Black Caucus members Wednesday said they are dedicated to the defeat of bills they perceive as voter suppression measures as part of their broader advocacy for overlooked Virginians.

Republican legislators this year have filed at least two bills -- one would require voters to show identification at the polls -- that black lawmakers said they object to.

Those measures are designed to discourage voting, not prevent possible voter fraud as supporters suggest, added Sen. Donald McEachin, D-Henrico County.

"These are solutions looking for a problem," McEachin said of the Republican legislation he considers a vehicle for the GOP to vent over the fact that "an African American man is the President of the United States and they can't stand it."

Why not trust gun owners? Hey, it's HIS words!

Virginia Legislative Black Caucus targets voter ID bills
After a delayed start due to Sen. L. Louise Lucas, D-Portsmouth, losing a shoe, the Virginia Legislative Black Caucus got off to a running start Wednesday, holding a news conference to outline its agenda.

“We are going to be vocally opposed to any effort to suppress the vote,” Locke said.

Why should we not take the person’s word for it?” said Sen. A. Donald McEachin, D-Henrico. “These are solutions looking for problems. There is no problem with voter fraud in Virginia. An African American won the presidency of the United States and they can’t stand it.”

As written, Martin’s bill would also rule out voter registration cards as an acceptable form of ID at the polls. Martin has said he plans to strike that language.

“We are now about to repeat Virginia’s inglorious history,” said Sen. Yvonne B. Miller, D-Norfolk. “We have people in the General Assembly who want to go backwards.”

Miller went a step further, saying that her entire chamber was shifting ideologically.

“We are now moving from a Senate that was very inclusive in terms of its leadership to a Senate that is now monolithic in the way its leadership looks,” she said.

Well, there's no problem now with Gun Shows. Boo hoo.
 

mk4

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Messages
548
Location
VA
ok, here's the full text. definitely criminalizes private sales/transfers, albeit with the noted exceptions.
http://leg1.state.va.us/cgi-bin/legp504.exe?121+ful+SB379

SENATE BILL NO. 379
Offered January 11, 2012
Prefiled January 11, 2012
A BILL to amend the Code of Virginia by adding a section numbered 18.2-308.1:01, relating to transfers of firearms; penalties.
----------
Patron-- McEachin
----------
Referred to Committee for Courts of Justice
----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-308.1:01 as follows:

§ 18.2-308.1:01. Firearm transfers.

A. Any person other than a licensed dealer who sells, rents, trades, or transfers any firearm to any person other than a licensed dealer is guilty of a Class 2 misdemeanor.

B. Any person other than a licensed dealer who buys, rents, trades, or transfers any firearm from any person other than a licensed dealer is guilty of a Class 2 misdemeanor.

C. Notwithstanding subsection A or B, unless otherwise prohibited by state or federal law, any person may transfer a firearm to any other person if:

1. The transfer is a bona fide gift made by or to a member of a person’s immediate family as defined in § 6.2-1300;

2. The transfer occurs by operation of law;

3. The transferor is an executor or administrator of an estate, or is a trustee of a trust created by a will;

4. The transfer is temporary and occurs within the home of the transferor when:

a. The transferee is not prohibited by any other law from possessing a firearm; and

b. The transfer is necessary to prevent imminent death or great bodily harm; or

5. The transfer is temporary and occurs (i) at a shooting range, (ii) at a target shooting competition, or (iii) while the transferor and transferee are engaged in lawful hunting.

D. If neither party to a prospective firearms transfer is a licensed dealer, the parties to the transaction shall complete the transfer through a licensed dealer.
 
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TFred

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Most historic town in, Virginia, USA
4. The transfer is temporary and occurs within the home of the transferor when:

a. The transferee is not prohibited by any other law from possessing a firearm; and

b. The transfer is necessary to prevent imminent death or great bodily harm;
Wow, what more could you want? If a home invader is about to shoot someone, McEachin says it's ok for you to let them borrow your gun without going through a licensed dealer first. What freedom!

I don't know what the contextual definition of "transfer" is here, but judging from the conditions spelled out in this bill, it's not what I thought it was.

TFred
 

user

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Not knowing anything about the patron, and having no clue about his "orientation", the "race card" thing caught my notice, since I'm recently recovered from having been involved in a "rascist conspiracy" in Surry County (according to the Commonwealth's Attorney, defense of a white guy in that county is apparently a "rascist conspiracy"). But all seriousness aside, what occurred to me is that lots of folks who aren't particularly rich, and who might happen to want to be able to defend themselves with a less-expensive used firearm are black folks. So why is this guy against the right of black folks to defend themselves? Who's he working for?
 
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TFred

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Most historic town in, Virginia, USA
Not knowing anything about the patron, and having no clue about his "orientation", the "race card" thing caught my notice, since I'm recently recovered from having been involved in a "rascist conspiracy" in Surry County (according to the Commonwealth's Attorney, defense of a white guy in that county is apparently a "rascist conspiracy"). But all seriousness aside, what occurred to me is that lots of folks who aren't particularly rich, and who might happen to want to be able to defend themselves with a less-expensive used firearm are black folks. So why is this guy against the right of black folks to defend themselves? Who's he working for?
McEachin is about as anti- as you can get. I'm sure he's "working" for the Brady Bunch... not saying that literally, but certainly ideologically.

TFred
 

mk4

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Sep 22, 2011
Messages
548
Location
VA
Not knowing anything about the patron, and having no clue about his "orientation", the "race card" thing caught my notice, since I'm recently recovered from having been involved in a "rascist conspiracy" in Surry County (according to the Commonwealth's Attorney, defense of a white guy in that county is apparently a "rascist conspiracy"). But all seriousness aside, what occurred to me is that lots of folks who aren't particularly rich, and who might happen to want to be able to defend themselves with a less-expensive used firearm are black folks. So why is this guy against the right of black folks to defend themselves? Who's he working for?

http://www.donaldmceachin.com/
by all reports, he's essentially entrenched in his district.

this bill needs to fail ASAP! :mad:
 

2a4all

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Jul 1, 2008
Messages
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Location
Newport News, Virginia, USA
This bill conflicts with HB 859, Criminal history record information check for transfer of certain firearms; exemption for concealed handgun permittees. (Provides an exemption from the required criminal history record information check upon firearms transfers in the Commonwealth for persons holding a valid Virginia-issued concealed handgun permit.)

If they both become law, will CHP holders be able to conduct private sales? Will they only be able to do this among themselves?

Left and right hands not coming together here.:banghead:
 

Thundar

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Messages
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Newport News, Virginia, USA
This bill conflicts with HB 859, Criminal history record information check for transfer of certain firearms; exemption for concealed handgun permittees. (Provides an exemption from the required criminal history record information check upon firearms transfers in the Commonwealth for persons holding a valid Virginia-issued concealed handgun permit.)

If they both become law, will CHP holders be able to conduct private sales? Will they only be able to do this among themselves?

Left and right hands not coming together here.:banghead:

This bill clearly outlaws gun collecting in Virginia. Shame on the delegate.
 
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